Chamber Supports SB 269 Job Creator Bill for ADA Penalties & Fines

SB 269 (Roth; D-Riverside) provides businesses that have proactively sought to become Americans with Disabilities Act (ADA) compliant with an opportunity to resolve any identified violation.

It is a balanced approach between preserving the civil rights of those who are disabled to ensure their access to all public accommodations, while limiting the number of frivolous lawsuits threatened or filed against businesses that do not improve accessibility.

SB 269 seeks to incentivize businesses to proactively take steps to become accessible by providing them with 120 days from receipt of a Certified Access Specialist (CASp) report to resolve any violations identified without being subject to statutory penalties or litigation costs. This proposal will assist businesses who are trying to ensure they are in compliance from being subject to frivolous claims or litigation.

SB 269 also provides a limited period for businesses to resolve violations of minor, technical construction-related standards that do not actually impede access to the public.

Specifically, SB 269 provides businesses with 15 days from the service of the summons and complaint to resolve any alleged violation regarding signage, parking lot conditions, and detectable warning surfaces.